Rajinder Kaur v. Ajit Singh

HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT * * * Mr.D.S.Brar, Advocate, for the petitioners. Mr.Aman Bahri, Advocate, for respondent Nos.1 to 4 and 6. M.M.S. BEDI, J. Petitioner No.1, complainant-wife through her attorney petitioner No.2, seeks the transfer of the criminal proceedings pending in the Court of Judicial Magistrate First Class, Rup Nagar, in a private complaint No.3 dated 03.02.2009, under Sections 406, 498-A & 120-B IPC, to the Court of competent jurisdiction at Chandigarh, on the ground of pendency of a similar complaint No.4989 of 2007, under Sections 406, 498-A, 420 and . . . 1 Crl. Misc. No.M-23641 of 2009 (O&M) 120-B IPC, titled Rajinder Kaur and another Vs. Ajit Singh and others. Petitioner No.1, at present is not residing in India and is resident of Canada. She had lodged an FIR No.68 dated 29.06.2007, under Sections 406, 498-A & 120-B IPC, at Police Station, Chamkaur Sahib, District Rup Nagar, on the allegations that she had been maltreated by her husband Paramjit Singh respondent No.5, his father respondent No.1, his mother respondent No.2 and also his sisters respondent Nos.3 & 4. The cancellation report dated 13.11.2008, Annexure P-1, was filed by the police of Rup Nagar in the Court of Judicial Magistrate First Class, Rup Nagar in which petitioner No.1 submitted a protest petition through her attorney petitioner No.2 along with her sworn affidavit. The Judicial Magistrate First Class, Rup Nagar, accepted the protest petition and ordered on 13.07.2009, for treating the said case as a private complaint. The case was fixed for preliminary evidence of the complainant vide order dated 13.07.2009, Annexure P-3, for 30.10.2009. It is pertinent to observe here that the complainant had filed a private complaint in the Court of Judicial Magistrate First Class, Chandigarh, on 21.05.2007, Annexure P-4 and after recording of preliminary evidence, the Judicial Magistrate First Class, Chandigarh, summoned all the respondents vide order dated

29.01.2008 vide Annexure P-5. The said complaint is pending for the service of respondents. The respondents had sought the quashing of complaint Annexure P-4, dated 21.05.2007, and the summoning . . . 2 Crl. Misc. No.M-23641 of 2009 (O&M) order dated 29.01.2008, Annexure P-5, by filing a criminal miscellaneous, which has been separately decided by this Court. The short question which requires to be determined in the present case is, whether the criminal proceedings which were initiated in the shape of State case in FIR No.68 dated 29.06.2007, under Sections 406, 498-A & 120-B IPC, at Police Station, Chamkaur Sahib, District Rup Nagar, in which the cancellation report having not been accepted and protest petition having been treated as a complaint, can be transferred to the Court of Judicial Magistrate First Class, Chandigarh, which has taken cognizance of the similar offence by issuing summons to the respondents. Counsel for the petitioners has submitted that the respondents are residing at Chandigarh and the subject matter whether the complainant-petitioner No.1, has been maltreated or whether she has got a good cause to launch prosecution and seek conviction of the witnesses has to be determined by the Court at Chandigarh. Same subject matter is being undertaken for adjudication by the Judicial Magistrate First Class, Rup Nagar. Counsel for the respondents relying upon the detailed reply has contended that no ground is made out for transfer of the proceedings from the Court of Judicial Magistrate First Class, Rup Nagar, to the Court of Judicial Magistrate First Class, Chandigarh. It has been contended that on enquiry conducted by the police, all the allegations levelled by the petitioner have been . . . 3 Crl. Misc. No.M-23641 of 2009 (O&M) found to be false. Reliance has been placed on the report of the Deputy Superintendent of Police, Morinda, dated 02.03.2006, Annexure R1/1 and the report of the Superintendent of Police (Detective), Rup Nagar, dated 17.04.2006, Annexure R1/2. It has also been argued that the petition through power of attorney is not maintainable. After hearing the counsel for the petitioner, this Court is of the opinion that it will not be prudent to express any opinion regarding the correctness of the allegations levelled by petitioner No.1 in her complaint pending before the Court of Judicial Magistrate First Class, Chandigarh or in her protest petition which is accompanied by a complaint, pending in cancellation proceedings in a State case but it is apt to observe that the allegations are same in both the proceedings. No opinion is expressed here whether the criminal proceedings can be protracted, without the presence of the complainant, through her attorney before the Court of Judicial Magistrate First Class, Rup Nagar. It will not be opt to observe as to what will be the impact of the enquiry conducted by the police, findings the allegations of the complainant-petitioner false in the said case. The provisions of Sections 210 Cr.P.C., were never raised or considered before any Court. Without adjudicating upon the above said controversy, in the interest of justice, and the convenience of the respondents and the petitioners, it is believed that to avoid difference of opinion between the two Courts on the same subject matter, the criminal proceedings arising out of cancellation report in FIR No.68 . . . 4 Crl. Misc. No.M-23641 of 2009 (O&M) dated 29.06.2007, under Sections 406, 498-A & 120-B IPC, at Police Station, Chamkaur Sahib, District Rup Nagar, should be transferred to the Court of Judicial Magistrate First Class, Chandigarh. The records of private complaint No.3 dated 03.02.2009, under Sections 406, 498-A & 120-B IPC, pending in the Court of Judicial Magistrate First Class, Rup Nagar, are transferred to the Court of Judicial Magistrate First Class, Chandigarh, for disposal along with complaint No.4989 of 2007, under Sections 406, 506, 498-A, 420 and 120-B IPC, titled Rajinder Kaur and another Vs. Ajit Singh and others. The record, complete in all respects, will be sent from the Court of Judicial Magistrate First Class, Rup Nagar, to the Court of the Chief Judicial Magistrate, Chandigarh, within a period of one month. The complainant-petitioner will appear before the Court of Chief Judicial Magistrate, Chandigarh, on 27.11.2010 and the Court of Chief Judicial Magistrate, Chandigarh, will entrust the proceedings to the same Court in which complaint No.4989 of 2007, under Sections 406, 506, 498-A, 420 and 120-B IPC, titled Rajinder Kaur and another Vs. Ajit Singh and others, is pending. The transferee Court will proceed with the matter from the stage, it is pending in the Court of Judicial Magistrate First Class, Rup Nagar, at present. Allowed. (M.M.S.BEDI) JUDGE October 26, 2010. . . . 5 Crl. Misc. No.M-23641 of 2009 (O&M) . . . 6